Cases in which the duty to order payment of the surcharge does not apply2
1
Section 161A(1) of the 2003 Act (court’s duty to order payment of surcharge) does not apply in the cases prescribed in paragraph (2).
2
The cases referred to in paragraph (1) are those in which a court deals with a person for one or more offences other than only by—
a
imposing a fine, whether or not in addition to a costs order, or
b
imposing a fine and making a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 3 (compensation orders against convicted persons), whether or not in addition to a costs order.